2404705 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant's claims revolved around a series of deaths within her family, attributed to sorcery, and a land dispute with cousins that resulted in damage to her home and threats against her. The applicant contended that the police and judicial systems in Papua New Guinea were unreliable and unable to address these traditional matters, leading her to fear for her life and seek protection in Australia.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) (the Act) or the complementary protection criterion under section 36(2)(aa) of the Act. This required the Tribunal to assess whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Papua New Guinea, the applicant would face a real risk of suffering significant harm. The Tribunal also considered mandatory considerations under Ministerial Direction No. 84, including the Refugee Law Guidelines, Complementary Protection Guidelines, and country information.

The Tribunal found that while the applicant's identity as a citizen of Papua New Guinea was accepted, the evidence provided did not substantiate her claims to the required standard. Specifically, the Tribunal noted a lack of supporting evidence for the death of her adopted daughter, the alleged unnatural causes or sorcery related to family deaths, and harm to other family members. While news articles about sorcery incidents were submitted, they did not directly relate to the applicant's specific circumstances. The Tribunal also observed that the only death certificate provided was for the applicant's mother, who died of a named disease, and that photographs of the damaged house were not supplied. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.